The New York Times recently featured a story about the person universally recognized as one of the greatest chess players of all time.  Robert James “Bobby” Fischer died from kidney disease on January 17, 2008 at the age of 64.  He was buried in Iceland, where he lived for the last few years of his life.

He was a King in the game of chess and his life was anything but conventional.  So why should Fischer’s estate be simple?

Fischer scorned his 1972 world chess championship, renouncing it in 1975.  He retreated from the world and turned his back on fame and fortune.

When he finally emerged for a rematch in 1992, he became a national fugitive.  Why?  Fischer ignored government warnings not to play the match in Yugoslavia, because of a trade embargo.  This made him a criminal.  He found refuge in Iceland, which granted him citizenship and prevented deportation.

Being a criminal was not his only character flaw.  The former chess prodigy was deeply anti-Semitic, according to the Times article, despite having Jewish parents.  The article also says he called a radio station in the Philippines after the 9/11 attacks and called it “a wonderful day.”

Reportedly, when Fischer was diagnosed with kidney disease in 2007, he did not fully appreciate what would happen.  He refused the painful treatments prescribed for him and died within a few months, without even a simple will.

This set the stage for a lengthy battle — one that is still far from finished.  The three-sided match pits his Japanese wife/girlfriend, Miyoko Watai, vs. a Filipino woman who says he fathered her daughter, Marilyn Young, vs. two estranged nephews.  Reportedly, Fischer did not like that their parents practiced Judaism.

Watai (who also is a chess master) says that she and the chess champ were married in 2004, entitling her to at least a part of the estate.  But an Icelandic court has already rejected her claim.  She could still win on appeal, though.

Young says that her 9-year-old daughter, named Jinky, is the true heir.  The Supreme Court of Iceland ordered Fischer’s body exhumed for DNA testing to see if she’s right.

If neither are found to be legitimate heirs, then the nephews will receive the inheritance.  On the other hand, if both women win out, Watai would get one-third of the prize money with Jinky getting the rest.

So how much are they maneuvering for?  Reportedly, somewhere between one to two million dollars.  There’s a very big “but” though.

The United States government isn’t done with Fischer just because he fled to the frozen tundra of Iceland.  The IRS says that Fischer never paid taxes on his $3.65 million payday from the 1992 chess championship rematch — not to mention failing to pay taxes for 15 years before that.

In other words, even the winners of the match may find themselves in checkmate, with Uncle Sam being declared the new champ.  You can read the full New York Times article here.

How could one of the smartest tacticians in the world have failed to make out a simple will?  Friends say that he didn’t believe he was dying.

So add this interesting tale to the long list of reasons why putting off your estate planning is never a good idea.  Don’t wait until you’re going to die; who knows when that will be?  Even without Japanese wives, Filipino kids, and distant relatives who don’t share your religious views, do you really want your family fighting over your estate when you pass?

Go see an experienced estate planning attorney today.  Protect the King, Queen, and all the little pawns in your life before it’s too late.

By Andrew W. Mayoras and Danielle B. Mayoras, co-authors of Trial & Heirs: Famous Fortune Fights! and husband-and-wife legacy expert attorneys.  As educators across the United States through speaking engagements, print, broadcast, and social media, Danielle and Andrew consistently draw rave reviews and are in high demand.   Email them at contact@trialandheirs.com.  Find us on Facebook!

I Love Lucy star Lucille Ball died more than 20 years ago — on April 26, 1989, at the age of 77.  So why did her daughter rush to court last week to save awards, love letters and other personal items of the famous comedienne?

Reportedly, when Lucille passed, she left love letters between she and her first husband, Desi Arnaz, along with her lifetime achievement awards, photographs and other items to Lucille and Desi’s daughter, Lucie Arnaz Luckinbill.  But, apparently, Luckinbill never claimed the items from Lucille’s estate and lost them.

So they ended up in the hands of Susie Morton.  Morton is the widow of Gary Morton, who was Lucille Ball’s second husband.  After Lucille passed, these items, along with a Rolls-Royce, were passed to Gary Morton, and then onto Susie after Gary died.

Susie Morton placed the items up for sale at a Beverly Hills, California auction house, with the sale set to start this past Saturday, July 17, 2010.  When Luckinbill’s attorney threatened legal action to stop the sale, Morton filed suit first to allow the auction to proceed.  Luckinbill’s lawyer went to court on Friday to stop the sale and won … well, sort of.

The Judge ruled that Luckinbill would be granted a restraining order, but only on the condition she post a $250,000 bond.  Ouch!  Luckinbill couldn’t afford it and the sale was set to go forward.

But it’s not all bad.  Luckinbill’s legal team was able to negotiate a resolution with the auction house, Heritage Auction Galleries, for the return of the lifetime achievement awards.  The love letters, photographs and Rolls still went up for auction though.

Here’s the link to the online auction, in case you want to see the listings.  The auction house website reports the items earned more than $230,000.

Luckinbill’s lawyer had called the auction efforts demeaning and insulting to Lucille Ball’s memory.  Now, he says, the awards will be donated to a museum, instead of being hawked for cash.

Susie Morton says that Luckinbill abandoned the property years ago.  It’s unclear why.

Too many people fail to take action when a loved one passes away, until it is too late.  We’ve had people contact us years after someone dies, wanting to protect their legal rights to an estate, trust or claim property.

Don’t let the emotions of a lost loved one keep you from protecting yourself.  Burying your head in the sand won’t help!  See a good probate lawyer and make sure you receive what your loved one intended.

By Andrew W. Mayoras and Danielle B. Mayoras, co-authors of Trial & Heirs: Famous Fortune Fights! and husband-and-wife legacy expert attorneys.  As educators across the United States through speaking engagements, print, broadcast, and social media, Danielle and Andrew consistently draw rave reviews and are in high demand.   Email them at contact@trialandheirs.com.  Find us on Facebook!

It’s been just over a year since Steve McNair, the former NFL quarterback, was murdered on July 4, 2009, at the age of 36.  The Probate Lawyer Blog covered the initial drama surrounding the estate in a series of articles.  In the months that have passed since then, the estate has been relatively quiet.  It’s been rather surprising given the early fireworks last summer.

McNair died with an estate worth more than $19 million but without even a basic will.  It looked like trouble initially when his wife named their two kids as estate beneficiaries in the probate paperwork, but failed to list his other two kids (from two other mothers).  The family was far from harmonious even before McNair was killed.

McNair and his wife, Mechelle, had hired an artist to paint a family portrait.  The artist hadn’t been paid and filed a claim against the estate.  Before the estate settled and paid the artist $5,000, she revealed an email from McNair.  He wrote that his “wife has some disagreements” with his two older boys “who are not by her, so I wouldn’t be having them in the painting.”

So far, the boys and their mothers haven’t been fighting in court against Mechelle, despite the early controversy from last summer.  But then again, the estate has been mostly stagnant to this point (other than one wild claim), so they haven’t really had much to fight about yet.

McNair’s prized restaurant in Nashville, Gridiron 9, was closed shortly after he died.  Mechelle tried to sell McNair’s interest in that business, but it was blocked by his cousin who co-owned it with him.  McNair’s ranching/farming business and his mansion called “The Ranch” (near his childhood home in Mississippi) are also up in the air.  McNair’s home in Nashville was for sale before he died but has since been taken off the market.

So in summary, a year has passed, nothing substantial has been sold, and no one knows how much they’ll get.  Reportedly, there’s a court hearing set for September 19th, at which the family members will learn how much they’ll inherit.

Delays like this are not unusual for estates left in a mess because of non-existent estate planning.  When people don’t take the time to make out a basic will (which is the case with approximately 2/3 of adults in this country), these types of delays and complications are common.

That’s why we recommend that people work with experienced estate planning attorneys to put their affairs in order.  In fact, most people should create a revocable living trust.  When properly used, it avoids probate court entirely.  And it also reduces the costs, delays and potential conflicts that happen for any estate — especially an “intestate” estate (meaning one that has no will).

So what is unusual about this estate (other than the fact it’s worth around $19 million)?  How about the murder case.

The police were confident it was an open-and-shut case.  McNair’s girlfriend was dead beside him with a gunshot wound in her head and a gun nearby, in an apparent suicide.  McNair’s body was riddled with several bullet holes.

But the family of his girlfriend, 20-year-old Sahel “Jenni” Kazemi, say that she wasn’t suicidal.  They worked with a retired cop who investigated the case and presented findings to a grand jury, arguing it was a robbery, not a murder-suicide.  He points out how unusual it was for McNair to only have $7 in his wallet, when he usually carried hundreds.

The grand jury felt it wasn’t enough evidence to reopen the case.  So the matter is officially closed.

Now we’ll have to see how long it takes for his estate to close too.

By Andrew W. Mayoras and Danielle B. Mayoras, co-authors of Trial & Heirs: Famous Fortune Fights! and husband-and-wife legacy expert attorneys.  As educators across the United States through speaking engagements, print, broadcast, and social media, Danielle and Andrew consistently draw rave reviews and are in high demand.   Email them at contact@trialandheirs.com.  Find us on Facebook!

Forbes.com recently featured an article we wrote about our celebrity-based Trial & Heirs‘ Top Five Estate Planning Tips for Divorcees.  Here’s a shortened version.  Go to Forbes.com for the full article:

1. Update your will and/or trust. Life events like divorces are a critical time to update all estate planning documents with an experienced attorney.

Take the case of Gary Coleman.  Since his death, a variety of documents have surfaced purporting to be his will.  We know that Gary Coleman was divorced in 2008 from his wife, Shannon Price.  It was on an episode of Divorce Court after all!  The problem is that Price claims that she’s entitled to inherit all of Coleman’s assets based on a 2007 handwritten will and as his “common-law wife.”  Now it looks like the estate will be tied up in a long and nasty fight.  If Gary Coleman had an estate planning attorney draft a clear will after his divorce, the impending legal battle may have been avoided.

2. Don’t forget the insurance. Many people who get divorced forget to change their life insurance beneficiaries to someone other than their ex-spouse.

Dennis Hopper was locked in an ugly divorce fight with his fifth wife, Victoria Duffy-Hopper.  She blamed his children for convincing him to start the divorce as a way to cut her out of his estate plan.  Hopper asked the divorce judge for permission to change his life insurance policy to remove his wife and their young daughter as beneficiaries.  His request was denied and the judge said that issue would have to wait for trial.  But Hopper died first, and the life insurance was never changed.

3. Act now, even before the divorce is final. Divorces can be extremely messy and may drag on for years. What happens if one of the spouses dies or becomes disabled during the divorce proceedings?

It’s reported that Tiger and Elin Woods are in divorce negotiations now and that Elin is asking for $750 million.  What if Tiger is in a car accident? What money does he want Elin to receive?  It is probably a lot less than what his estate planning documents had dictated prior to the divorce.  Hopefully, Tiger is prepared for the unexpected and has updated his estate planning documents even before the negotiations are concluded.

4. Choose a new executor and/or trustee wisely. If something does happen to you, whom do you trust to make sure that your beneficiaries are financially protected?

A good example of problems that can arise is the nasty battle going on between Ronald Perelman, the billionaire Revlon chairman, and his ex-father-in-law, Robert Cohen.  Perelman was named as the executor under his ex-wife’s will.  In spite of crystal clear instructions in the will that showed that his ex valued her relationship with her father, Perelman launched a series of lawsuits against Cohen in the name of her estate.  He did this even though Cohen was elderly, infirm and paralyzed.  Perelman wouldn’t have been able to do this if his ex-wife hadn’t named him as her executor.

5. Create a new Medical Power of Attorney and Advance Directive. Even if you are comfortable with an ex-spouse making financial decisions, what about the medical decisions?

In Gary Coleman’s case, his ex-wife, Price, did pull the plug after he sustained a head injury and was put on life support.  Is this what Coleman would have wanted? We’ll never truly know, but legally Price had the right to make this decision through Coleman’s advance directive.

Tiger Woods pay heed! Elin already came after you with a golf club (allegedly!), do you really want her making your termination of life support decisions?

By Andrew W. Mayoras and Danielle B. Mayoras, co-authors of Trial & Heirs: Famous Fortune Fights! and husband-and-wife legacy expert attorneys.  As educators across the United States through speaking engagements, print, broadcast, and social media, Danielle and Andrew consistently draw rave reviews and are in high demand.   Email them at contact@trialandheirs.com.  Find us on Facebook!

Apparently Leona Helmsley is not alone.  Gail Posner of Miami Beach, Florida passed away in March at the age of 67, from cancer.  Her only son, Bret Carr, was left one million dollars, despite not being close with her in the years leading up to her death.  They did reunite while she was on her deathbed, in the hospital, according to Carr.

So should Carr really complain?  A million dollars isn’t so bad.

The first problem, says Carr, is that his mother’s three dogs received a $3 million trust fund and a $8.3 million mansion.  But who can put a price on loyalty?

There’s more.  Posner’s former staff (including bodyguards, a personal trainer and housekeepers) get $27 million.  Wow — that’s some severance package!

Carr says he and his mother had a rocky relationship, but grew closer in the last decade or so, until 2008.  What happened then?  The staff kicked him out of Posner’s house and convinced his mother to keep him away.  He says he captured it all on video.

Carr also says the staff exercised “undue influence” and connived, cajoled, and coerced their way into the will.  Mom never would have left all that money to the Chihuahua named Conchita, and the two other dogs, if the staff hadn’t taken advantage of her.  They realized, according to Carr’s lawsuit, that convincing her to favor her canine companions would be a great way to keep themselves working (and getting paid) while living in that mansion.  Someone has to care for the dogs after all, don’t they?

The Today Show has a complete feature on the case.

While leaving millions to dogs (and millions more to staff) is a bit unusual, cases built around claims of undue influence are common.  In fact, with the continued economic woes our country faces, these issues are popping up more and more — from Florida to Michigan, New York to California, and everywhere in between.

Every states has laws to help families who believe that a will or trust was due to undue influence, as opposed to the true wishes of a deceased loved one.  These cases aren’t easy to prove, but are often necessary when someone has been targeted by an unsavory caregiver, family member, or gold-digger.

That’s why experienced probate litigation attorneys are there to help.

By Andrew W. Mayoras and Danielle B. Mayoras, co-authors of Trial & Heirs: Famous Fortune Fights! and husband-and-wife legacy expert attorneys.  As educators across the United States through speaking engagements, print, broadcast, and social media, Danielle and Andrew consistently draw rave reviews and are in high demand.   Email them at contact@trialandheirs.com.

They also each owned NBA franchises in the midwest.  Davidson owned the Detroit Pistons (yeah!), while Simon co-owned the rival Indiana Pacers (boo!) with his brother, Herbert Simon.

Both men died last year, with Davidson passing away at age 86 in March and Simon passing in October, at age 82.  And both were survived by spouses as well as children from prior marriages.

And, in both instances, the spouse and the children from the prior marriage did not see eye to eye.  Because of that, both the Davidson Estate and Simon Estate are mired in lawsuits about the true wishes of the beloved billionaires.

In Davidson’s case, there are actually multiple lawsuits that have recently been filed.  An Israeli company and a Jewish charity started the legal actions claiming that Davidson (a renowned philanthropist who generously supported many charitable causes, especially Jewish and Israeli ones) had promised them sums totaling $20 million.  The problem was that Davidson’s revised will, signed only one week before he died, did not include money for these Jewish and Israeli causes.

Karen Davidson, Bill’s wife, supports the company and charity, and she has actually joined in the request for funds, even though, as Bill’s wife and a primary beneficiary of her estate, Karen stands to lose millions if the money is taken from the estate to pay these claims.

Opposing Karen and these claimants are the two co-executors of the Davidson estate, which includes the husband of Karen’s step-daughter.  The son-in-law pointed to a dispute amongst the beneficiaries as a reason for refusing to provide the money.

Yet these $20 million disagreements pale in comparison to the family feud surrounding Mel Simon’s Estate.  He signed a new will and trust seven months before he died that drastically reduced the inheritance to his three children, to the benefit of his wife of 37 years, Bren Simon.  In fact, reportedly, Bren will receive one-half of the fortune, instead of one-third, with the children being cut out.

Deborah Simon, Mel’s daughter, filed the lawsuit a few weeks ago.  She claimed that Mel was ill from pancreatic cancer, dementia and neurological disorders which impaired his understanding and his ability to sign the new documents.   In fact, she says, he wasn’t even able to hold the pen or the documents to sign his name, and someone else had to move his hand for him.

Mel’s wife, Bren, counters that the documents were valid.  Mel fully understood and desired to make the changes, she says, to protect his wife from his children, and because he wanted to compensate her for loss in value of company stock.  Bren admits that Mel needed help signing the estate planning documents, because he suffered from symptoms of Parkinson’s disease.

Mel’s wife, Bren, counters that the documents were valid.  Mel fully understood and desired to make the changes, she says, to protect his wife from his children, and because he wanted to compensate her for loss in value of company stock.  Bren admits that Mel needed help signing the estate planning documents, because he suffered from symptoms of Parkinson’s disease.

As a probate litigation attorney who regularly handles will disputes and trust contests like these cases, I see these types of family fights affect people on a daily basis.  While millionaires and billionaires do seem to attract these legal battles more often (as covered in Trial & Heirs:  Famous Fortune Fights!), the reality is that they are also far more common than people realize, even for middle-class families.

The exact same type of legal fights surface over estates worth hundreds of thousands, or even tens of thousands.  When a will or trust is changed and family members are cut out, or someone is convinced that a promise was made and not fulfilled, estate disputes are usually just around the corner.

The best prevention remains a good estate plan with an experienced estate planning lawyer.  Despite this, two-thirds of adults in this country don’t even have wills.

Don’t let this happen to your family!  Work with a good attorney and plan ahead.  And if you do suspect a loved one has been a victim of undue influence, or has been coerced to sign new documents when not mentally competent, learn your legal rights by working with an experienced probate litigation attorney.

As the Davidson and Simon estate battles will demonstrate, these court proceedings are long, expensive and emotionally-draining for everyone involved.

Posted by:  Author and probate attorney Andrew W. Mayoras, co-author of Trial & Heirs:  Famous Fortune Fights! and co-founder and shareholder of The Center for Probate Litigation and The Center for Elder Law in metro-Detroit, Michigan, which concentrate in probate litigation, estate planning, and elder law.  You can email him at awmayoras @ trialandheirs.com.

Across the country in December, families will be coming together for the holidays.  Sometimes the holidays are one of the few times of year that family members see each other.

As confirmed by the Washington Post this week, the stories in the book are great conversation starters. Of course you could buy the book, but here are some free tips you can use right away. What questions will these tips help you answer?

What will happen once mom and dad pass away?
Have they done their will or trust?  Is it updated?  Where is it?
What professionals do they work with?
Where are the documents located?

The celebrity stories in “Trial & Heirs:  Famous Fortune Fights!” can help you translate the estate planning talk into a fun and entertaining discussion. Really! Here are some easy-to-use tips and conversation starters taken from the stories in the book.

1. Bring the celebrities home for the holidays. If your family member (mom, dad, sister, aunt, grandma) is reluctant to talk about wills and trusts, begin by sharing some stories about celebrity estate planning.  Start with a story about Ray Charles.  He sat his entire family down (which included 12 kids from 9 different mothers!) and discussed what he planned for his estate after his passing.  Encourage your loved ones to talk to each other like Ray Charles.  Turn the uncomfortable topic of wills and trusts into something entertaining!
2. Find out if your loved ones have done their estate planning. So now you’ve begun the conversation with your family by describing what Ray Charles did, the next question is:  did your loved ones prepare a will or trust yet?  Find out!  Whether we’re 20 or 92 years old, no one is promised tomorrow.  Share the case of Sonny Bono.  He was 62 years old when he unexpectedly passed away in a skiing accident.  Sonny did not have a will or a trust!  His widow endured lots of complications because of Sonny’s lack of planning.  So if your loved ones haven’t done their estate planning, encourage them to make sure to do so.
3. Confirm that they have finished what they started. Maybe you’ve gotten through the first two hurdles, and your family members say, “don’t worry…we’ve taken care of everything”.  Are they sure that they dotted their “i”s and crossed their “t”s?  Share the stories of Heath Ledger who failed to update his will after his daughter was born, and Michael Jackson who caused his family unnecessary trips to the courthouse because he did not properly “fund” his trust. If your loved ones have a will or trust, has it been updated recently?  Have they transferred their assets into their trust?  It’s not enough to just “do” the documents, they need to be done the right way and updated with new laws and life changes.
4. Verify that the attorney is a specialist. “Yes,” your loved ones respond, “we just saw our attorney and updated everything.”  Okay… now we’re getting somewhere, but that doesn’t end the conversation.  Does their attorney specialize in estate planning?  If not, going to the attorney to update the documents may not be enough.  Does the attorney use “one size fits all” forms, or customize the documents to your loved one’s needs?  Share the tips on how to make sure that you have a good attorney from “Trial & Heirs” to give your family peace of mind.  Also, make sure that you have the name of the attorney and other professionals in the event that your loved ones unexpectedly pass away.
5. Establish the location of the documents. You’ve almost conquered the list!  You’ve gotten through the first four tips, but where in the world are the documents located?  Your loved ones have done their documents, updated them, and worked with a specialist, but that doesn’t do the family any good if you cannot find them!  Share the story of Florence Griffith Joyner aka Flo-Jo.  Her original estate planning documents were never located and as a result it cost her family a lot of time, money, grief and uncertainty.  Make sure that your loved ones tell you where those critical documents are located and that the trustee or executor can access them.  There’s no point in hiding the will or trust so well that no one can find them or worse, putting them in a safe deposit box that no one can get into!

Alright, the holidays are around the corner and now you’re armed with some tips on the conversation that you really need to have with your family this holiday season.  Remember “Trial & Heirs:  Famous Fortune Fights!” has these stories to start the conversation and so many more!  For more information, sign up for a free preview of the book here.

~Danielle B. Mayoras, JD, CPG
Danielle has dedicated her legal career to teaching professionals, businesses and the general public about elder law, special needs planning , and general estate planning.  Danielle is a renowned attorney and Credentialed Professional Gerontologist, educating through speaking engagements, print, and broadcast media across the United States.  Her speaking audiences range from nationally recognized brokerage firms, banks, and insurance companies to attorneys, accountants, and non-profit organizations.  She consistently draws rave reviews from audiences and her speaking skills are in high demand. Read more about Danielle here.